After Recording Return To: Robert D. Burton, Esq.
Winstead PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 Email: [email protected] FRISCO SPRINGS, DEVELOPMENT AREA DECLAKANON [RESIDENTIAL NS > Declarant GRBK FR 1 C». imited liability company Cross reference to Frisco Springs Master Covenant [Residential], recorded as Document 4844-7705-1724v.1 53460-8 TABLE OF CONTENTS Page 2 ARTICLE 1 DEFINITIONS ARTICLE 2 USE RESTRICTIONS 2.1 Single Family Use Restrictions 2.2 Rentals.
2.3 Rubbish and Debris..
2.4 Trash Containers.
2.5 Unsightly Articles; Vehicles.
2.6 Outside Burning 2.7 Hazardous Activities 2.8 Animals - Household Pets.
2.9 Maintenance 2.10 Antennae..
2.11 Location of Permitted Antennas 2.12 Signs 2.13 Flags..
2.14 Tanks 2.15 Temporary Structures 2.17 Party Wall Fences 2.19 No Warranty of Enforceability Owner's Obligation to Maintain Street Landscape Compliance with Documents Insurance Rates.
ARTICLE 3 CONSTRUCTION RESTRICTIONS.
Construction of Improvements Utility Lines.
ences Driveways.
Roofing.
3.7 HVAC Location Unofficial 2 2 3 3 4 5 5 6 7 7 8 10 10 2.16 Mobile Homes, Travel Trailers and Recreational Vehicles...
10 10 2.18 Water Quality Facilities, Drainage Facilities and Drainage Ponds 12 12 12 13 14 14 14 14 15 15 15 15 15 16 Rainwater Harvesting Systems Xeriscaping.
ARTICLE 4 DEVELOPMENT 3.8 Solar Energy Device.
3.9 3.10 16 17 18 20 4844-7705-1724v.1 53460-8 i FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4.1 Notice of Applicability.
4.2 Withdrawal of Land.
20 20 4.3 Assignment of Declarant's Rights.
ARTICLE 5 GENERAL PROVISIONS 21 21 5.1 Term 21 5.2 Amendment 21 5.3 Interpretation 22 5.4 Gender..
22 5.5
1 Notice of Applicability.
4.2 Withdrawal of Land.
20 20 4.3 Assignment of Declarant's Rights.
ARTICLE 5 GENERAL PROVISIONS 21 21 5.1 Term 21 5.2 Amendment 21 5.3 Interpretation 22 5.4 Gender..
22 5.5 Enforcement and Nonwaiver 22 5.6 Severability.
5.7 Captions.
5.8 Conflicts 5.9 Higher Authority.
23 5.10 Acceptance by Owners 23 Unofficial ii 4844-7705-1724v.1 53460-8 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] This Development Area Declaration for Frisco Springs [Residential] (this “Development Area Declaration”) is made by GRBK FRISCO, LLC, a Texas limited liability g4ompany (the “Declarant”), and is as follows: RECITALS: is subject to the terms rea Declaration includes fOtices will be subject to the terms and provisions of The Property made suibjeet to the terms and provisions of conditiox gtions which will run with such portions of the Property and will be binding upe parties having right, title, or interest in or to such portions of the Property or any part thereof, their heirs, successors, and assigns and will inure to the benefit of each Owner thereof; and (ii) each contract or deed conveying those portions of the Property which are made subject to this Development Area Declaration will conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out in full or by reference in said contract or deed; FRISCO SPRINGS DEVELOPMENT AREA DECLARATION/RESIDENTIAL] 4844-7705-1724v.1 53460-8 and (iii) that this Development Area Declaration will supplement and _be in addition to the covenants, conditions, and restrictions of the Covenant.
ARTICLE 1 DEFINITIONS
AL] 4844-7705-1724v.1 53460-8 and (iii) that this Development Area Declaration will supplement and _be in addition to the covenants, conditions, and restrictions of the Covenant.
ARTICLE 1 DEFINITIONS niles ine context otherwise specifies or requires, the tollowing, word, and phrases provide heating or cooling or to produce electrical or mechanica transferring solar-generated energy. The term includes a meghart has the ability to store solar-generated energy for use in hea of power.
ff device that A the production Any other capitalized terms used but gppment Area Declaration will have the meanings given to such termai the Development Area, except an Owner or Occupant may yithin a residence so long as: (i) such activity complies with not involve door-to-door solicitation of residents within the Development Area; (v) the business does not, in the Board’s judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Development Area which is noticeably greater than that which is typical of residences in which no business activity is being conducted; (vi) the business activity is consistent with the residential character of the Development Area and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of 2 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 the Development Area as may be determined in the sole discretion of the Board; and (vii) the business does not require the installation of any machinery other than that customary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the residence nor the Lot will be considered open to the public. The terms
stomary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the residence nor the Lot will be considered open to the public. The terms “business” and “trade”, as used in this provision, will be construed to have their ordinary, generally accepted meanings and will include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of good services to persons other than the provider's family and for which the provider compensation, or other form of consideration, regardless of whether: (x) suck engaged in full or part-time; (y) such activity is intended to or does generate license is required. Leasing of a residence in compliance with Section 2.2 wi business or trade within the meaning of this subsection. This supS¢ction activity conducted by the Declarant or a Homebuilder. 3 otel, bed and breakfast lodge, or any similar purpose, but the cted on a Lot may be leased for residential purposes for a lease term copies of the Docuygénts. Notice of any lease, together with such additional information as may be required bythe Board, must be remitted to the Association by the Owner on or before the expiration of ten (10) days after the effective date of the lease. All leases must be for the entire residence.
2.3 Rubbish and Debris. As determined by the Frisco Springs Reviewer, no rubbish or debris of any kind may be placed or permitted to accumulate on or within the Development FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 Area, and no odors will be permitted to arise therefrom so as to render all or any portion of the Development Area unsanitary, unsightly, offensive, or detrimental to any other property or
v.1 53460-8 Area, and no odors will be permitted to arise therefrom so as to render all or any portion of the Development Area unsanitary, unsightly, offensive, or detrimental to any other property or Occupants. Refuse, garbage, and trash must be kept at all times in covered containers, and such containers must be kept within enclosed structures or appropriately screened from view. Each Owner will contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity or the Association.
2. a Trash Containers. Trash containers and eee Eee must beStoréd in one of public or private thoroughfares.
graders, trucks other than pickups, boats, tractorg scooters, all-terrain vehicles and garden mainjé when in actual use, in enclosed aiTLAchites o1screpfie ewLandno repair or maintenance pile (other than minor emergency metals, bulk materials, scrap, refuge ts g kept, stored, or allowed to accumulate on any portion of the Developmg epalaeed Simaetenes 1 or ap piopMaiely screened from view. No raci motorcycles or motor scgeée on any roadway within the Development Area.
juiet manner.
2.6 Outside Burning. No exterior fires are permitted with the exception of barbecues, outside fireplaces, braziers and incinerator fires that are contained within facilities or receptacles and in areas designated and approved by the Frisco Springs Reviewer. No Owner may permit any condition upon its portion of the Development Area which creates a fire hazard or violates Applicable Law.
FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 2.7. Hazardous Activities. No activities may be conducted on or within the Development Area and no Improvements may be constructed on or within any portion of the
ESIDENTIAL] 4844-7705-1724v.1 53460-8 2.7. Hazardous Activities. No activities may be conducted on or within the Development Area and no Improvements may be constructed on or within any portion of the Development Area which, in the opinion of the Board, are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the Development Area unless discharged in conjunction with an event approved in advance by the Frisco Springs Reviewer and no open fires may be lighted or permitted except within safe and well-designed. fiyaplaces or in contained barbecue units while attended and in use for cooking purposes. Nt j Development Area may be used for the takeoff, storage, or landing of aircrak without limitation, helicopters) except for medical emergencies.
2.8 Animals - Household Pets. No animals, including pi fowl, wild animals, horses, cattle, sheep, goats, or any other type a domestic household pet within the ordinary meaning and interpg miniature horses, chickens, exotic snakes or animals). The Board may conclusively determis pet is a domestic household pet within t words. No Owner or Occupant may keep o amount of noise, or to become a nujsa p ic pets will be allowed on the the fenced yard space associated restrict pets to certain areas on the ained, kept, cared for, or boarded for hire no kennels or breeding operation will be at large, and all animals must be kept within Development Area. No animal or remuneration on the Develg allowed. No animal may be enclosed areas which mys \ 2.9 Maintenance. The Owners of each Lot will jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
e enclosed areas which mys \ 2.9 Maintenance. The Owners of each Lot will jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements thereon in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, in its sole discretion, will determine whether a violation of the maintenance obligations set forth in this Section has occurred. Such maintenance includes, but 5 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 is not limited to the following, which must be performed in a timely manner, as determined by the Board, in its sole discretion: (i) Prompt removal of all litter, trash, refuse, and wastes.
(ii) Lawn mowing and edging.
(iti) | Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical order.
(vi) Keeping lawn and garden areas attractive.
(vii) (viii) (ix) (x) (xi) ) an antenna designed to receive video programming services via t distribution services, including multichannel multipoint distribution es, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or (iii) | an antenna that is designed to receive television broadcast signals; (collectively, (i) through (iii) are referred to herein as the “Permitted Antennas”) may be permitted subject to reasonable requirements as to location and screening as may be set forth in 6 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 rules adopted by the Frisco Springs Reviewer, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Declarant and/or the
7705-1724v.1 53460-8 rules adopted by the Frisco Springs Reviewer, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Declarant and/or the Association will have the right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or any portion of the Development Area.
2.11 Location of Permitted Antennas. A Permitted Antenna may be igstalled solely street; then (ii) attached to constructed on the Lot, vg q egulations may be modified by the Frisco Springs Please contact the Frisco Springs Reviewer for the current Declarant Signs. Signs erected by the Declarant or erected with the advance written consent of the Declarant; 2.12.2 Security Signs. One small security service sign per Lot, provided that the sign has a maximum face area of two (2) square feet and is located no more than five (5) feet from the front elevation of the principal residence constructed upon the Lot; 7 ERISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 2.12.3 Permits. Permits as may be required by Applicable Law; 2.12.4 Religious Item on Door. A religious item on the entry door or door frame of a residence (which may not extend beyond the outer edge of the door frame), provided that the size of the item(s), individually or in combination with other religious items on the entry door or door frame of the residence, does not exceed twenty-five (25) square inches; principal residence constructed upon five (25) square inches.
Except for signs which arg consent of the Declarant, no sig on a Lot.
2.13 further set for ilitary, or one (1) flag with official insignia of a college or university
cted upon five (25) square inches.
Except for signs which arg consent of the Declarant, no sig on a Lot.
2.13 further set for ilitary, or one (1) flag with official insignia of a college or university permitted to install a flagpole no more than five feet (5’) in length 128 Only two (2) permitted Flagpoles are allowed per residence. A Permitted Flag or sr Permitted Flagpole need not be approved in advance by the Frisco Springs Reviewer. Approval by the Frisco Springs Reviewer is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any Lot (“Freestanding Flagpole”). To obtain approval of any Freestanding Flagpole, the Owner shall provide the Frisco Springs Reviewer with the following information: (i) the location of the Freestanding 8 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 Flagpole to be installed on the Lot; (ii) the type of Freestanding Flagpole to be installed; (iii) the dimensions of the Freestanding Flagpole; and (iv) the proposed materials of the Freestanding Flagpole (the “Flagpole Application”). A Flagpole Application may only be submitted by an Owner. The Flagpole Application shall be submitted in accordance with the provisions of Article 6 of the Covenant.
2.13.2 Installation and Display. Unless otherwise approved in agvance and in writing by the Frisco Springs Reviewer, Permitted Flags, Permitted Flagpoles a Flagpoles, installed in accordance with the Flagpole Application, must co following: (i) No more than one (1) Freestanding, Flagpo two (2) Permitted Flagpoles are permitted per Der Flags may be displayed; (ii) Any Permitted Flagpole must be ; e feet (5') in length and any Freestanding Flagpole must } nty feet (20') in height;
gpo two (2) Permitted Flagpoles are permitted per Der Flags may be displayed; (ii) Any Permitted Flagpole must be ; e feet (5') in length and any Freestanding Flagpole must } nty feet (20') in height; (iv) The flag & ba f America must be displayed in e flag of the State of Texas must be Flag#or deteriorated or structurally unsafe Permitted Flagpole or Freestanding Flagpole must be repaired, replaced or removed; (viii) A Permitted Flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which will not be aimed towards or directly affect any neighboring Lot. Such illumination will also comply with the outdoor lighting restrictions set forth in the Documents; and 9 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 (ix) | Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the Permitted Flagpole or Freestanding Flagpole.
2.14 Tanks. The Frisco Springs Reviewer must approve any tank used or proposed in connection with a residence, including tanks for storage of fuel, water, oil, or liquid petroleum gas (LPG), and including swimming pool filter tanks. No elevated tanks of any,kind may be erected, placed or permitted on any Lot within the Development Area withdut tke advance written approval of the Frisco Springs Reviewer. All permitted tanks must be view in accordance with a screening plan approved in advance by the Frisco Sp This provision will not apply to a tank used to operate a standard residentia it apply to barrels used as part of a Rainwater Harvesting Systems wi 50 gallons, so long as such barrels are actively being used for rainy 2.15 Temporary Structures. No tent, shack, or othe
esidentia it apply to barrels used as part of a Rainwater Harvesting Systems wi 50 gallons, so long as such barrels are actively being used for rainy 2.15 Temporary Structures. No tent, shack, or othe W@W Vehicles. No mobile homes, on any street, right of way, Lot any time. However, such vehicles travel trailers or recreational vehicles or used as a residence, either tempora may be parked temporarily for a,peti Pefice or wall located on or near the dividing line between both Lots constitutes a “Party Wall”. To the extent not hcroachments & Easement. If the Party Wall is on one Lot due to an the Party Wall is nevertheless deemed to be on the dividing line for purposes of thts*Section. Each Lot sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of construction, repair, shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
10 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 2.17.2 Right to Repair. If the Party Wall is damaged or destroyed from any cause, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the other Owner or Owners that the wall serves will thereafter contribute to the cost of restoration thereof in equal proportions without prejudice, subject however, to the right of any such Owners to call for a larger contribution from the others under
hereafter contribute to the cost of restoration thereof in equal proportions without prejudice, subject however, to the right of any such Owners to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions. The Dy approval of the Frisco Springs Reviewer in accordance with Article 6 of the Coyena 2.17.3. Maintenance Costs. The Owners of the adjeini costs of repair, reconstruction, or replacement of the Party Owner to call for larger contribution from the other under any rule g replacement. If an Owner fails or refuses to pay,his shage of costs aff or replacement of the Party Wall, the Owner advancing mon igh ile a claim of lien for the Of an Owner to require enant to the Lot and passes to adjoining Lot. The Party Wall will always ess otherwise approved by the Owner of each gs Reviewer.
condition, or appearance of th remain in the same location as } Lot sharing the Party iation, “the Dispute will be resolved by binding arbitration. Either party ation. Should the parties be unable to agree on an arbitrator within ten equest therefore by the Board, the Board will appoint an arbitrator. The action that either party may have against the other. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board’s sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board may implement said mediator’s or arbitrator’s decision, as applicable. If the Board implements the mediator’s or arbitrator’s decision on behalf of an Owner, the Owner otherwise
applicable, the Board may implement said mediator’s or arbitrator’s decision, as applicable. If the Board implements the mediator’s or arbitrator’s decision on behalf of an Owner, the Owner otherwise responsible therefor will be personally liable to the Association for the cost of obtaining the all 11 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 costs and expenses incurred by the Association in conjunction therewith. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) will be assessed against and chargeable to the Owner’s Lot(s). Any such amounts assessed and chargeable against a Lot hereunder will be secured by the liens reserved in the Covenant for Assessments and may be collected by any means provided in the Covenant for thr 2.18 Water Qualit serve all or a portion of the Development Area and are inspecte by the Association in accordance with all Applicable Law. Access 6 standing water. Each Owner is advised that ¢ treatment plant, water quality facilities, any portion of the ST Landscape Area to be maintained (the e Area”). If the Association assumes such responsibility as set forth Owner, at such Owner’s sole cost and expense, will be required to maintain, irrigate and replace any trees located within the ST Landscape Area. No landscaping, including trees, may be removed from or installed within the ST Landscape Area without the advance written consent of the Board. In the event an Owner fails to properly and on a timely basis (both standards to
trees, may be removed from or installed within the ST Landscape Area without the advance written consent of the Board. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board’s sole and absolute discretion) mow, replace, prune, and/or irrigate any landscaping, including trees, in such Owner's ST Landscape Area, such 12 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 failure will constitute a violation of the Documents and the Board may cause such landscaping, including trees, to be mowed, replaced, pruned and/or irrigated in a manner determined by the Board, in its sole and absolute discretion. If the Board causes such landscaping, including trees, to be mowed, replaced, pruned and irrigated, the Owner otherwise responsible therefor will be personally liable to the Association for all costs and expenses incurred by the Association for effecting such work. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand up maximum lawful rate, or if there is no such maximum lawful rate, at the rate‘e half percent (142%) per month) will be assessed against and chargeable to the OW Any such amounts assessed and chargeable against a Lot hereunder will be secume Covenant for the collection of Assessments, including, but not |ngi liens against the Owner's Lot(s). EACH OWNER AND OCCU LUDE SIMPLE NEGLIGENCE, NCE SHORT OF ACTUAL GROSS Owner, his or her family, occupants of a pes, and licensees will comply strictly with the ay be amended from time to time. Failure to comply e“a violation of thereof and may result in a fine against ion 5.14 of the Covenant, and will give rise to a cause of action to
mply strictly with the ay be amended from time to time. Failure to comply e“a violation of thereof and may result in a fine against ion 5.14 of the Covenant, and will give rise to a cause of action to Declarant, eréifect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one half percent (112%) per month) will be assessed against and chargeable to the Owner’s Lot(s). Any such amounts assessed and chargeable against a Lot will be secured by the liens reserved in this Development Area Declaration and/or the Covenant for Assessments and 13 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 may be collected by any means provided in this Development Area Declaration and/or the Covenant for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner’s Lot(s). Each such Owner will release and hold harmless the Association and its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association’s acts or activities under this Section (including any cost, loss, damage, expense, hability; claim or cause of action arising out of the fesmctaikiem' s negligencezig connection by reason of the Association’s gross nedllivenvs or ville raisuemdlirch “Gross rie used herein does not include simple negligence, contributory negligence or sjnaila short of actual gross negligence.
2.22 Insurance Rates. Nothing may be done or kep would increase the rate of casualty or liability insurance or cause %
negligence, contributory negligence or sjnaila short of actual gross negligence.
2.22 Insurance Rates. Nothing may be done or kep would increase the rate of casualty or liability insurance or cause % insurance on the Common Area or Special Common Area, or thereon, without the prior written approval of the Board.
ords or actions by the Association or Declarant Atigh or warranty regarding the fitness or condition of Unless prosecuted by the Declarant, no ind may hereafter be placed, maintained, erected or constructed upon the Frisco SprirrgS Reviewer may adopt Design Guidelines applicable to the Development Area.
If adopted, all Improvements must strictly comply with the requirements of the Design Guidelines unless a variance is obtained pursuant to the Covenant. The Design Guidelines may be supplemented, modified, amended, or restated by the Frisco Springs Reviewer as authorized by the Covenant.
14 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 3.2 Utility Lines. Unless otherwise approved by the Frisco Springs Reviewer, no sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals including telephone, television, microwave or radio signals, may be constructed, placed or maintained anywhere in or upon any portion of the Development Area other than within buildings or structures unless the same is contained in conduits or cables constructed, placed or maintained underground, concealed in or under buildings or other structures.
3.3. Garages. All garages, carports and other open automobile storage’ approved in advance of construction by the Frisco Springs Reviewer. No_ gg residence are set forth in the Design Guidelines.
res.
3.3. Garages. All garages, carports and other open automobile storage’ approved in advance of construction by the Frisco Springs Reviewer. No_ gg residence are set forth in the Design Guidelines.
3.4 Fences. No fence may be constructed on the D prior written consent of the Frisco Springs Reviewer.
comply with the requirements of the Design Guidelines unleg to the Covenant. The fencing requirements for each resider in the Design Guidelines. 3S Owner’s Lot.
3.6 Roofing. All ro@gfing i ust be approved in advance of construction by the Frisco Springs Reviewer. fs of buildings may be constructed with “Energy approval of the Frisco Springs Reviewer. For the the Development Area; 0 are more durable than, and are of equal or p shingles used or otherwise authorized for use within the community; Efficient Roofing will be required to comply with the architectural review and approval procedures set forth the Documents. In conjunction with any such approval process, the Owner should submit information which will enable the Frisco Springs Reviewer to confirm the criteria set forth in this Section. Any other type of roofing material will be permitted only with the advance written approval of the Frisco Springs Reviewer.
FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 3.7. HVAC Location. No air-conditioning apparatus may be installed on the ground in front of a residence or on the roof of any residence, unless otherwise approved in advance by the Frisco Springs Reviewer. No window air-conditioning apparatus or evaporative cooler may be attached to any front wall or front window of a residence or at any other location where it would be visible from any street, any other residence, Common Area, or Special Common Area.
ve cooler may be attached to any front wall or front window of a residence or at any other location where it would be visible from any street, any other residence, Common Area, or Special Common Area.
All HVAC units must be screened in a manner approved in advance by the Frisco Springs Reviewer, or as otherwise set forth in the Design Guidelines.
3.8 Solar Energy Device. Solar Energy Devices may be installed wi written approval of the Frisco Springs Reviewer, or after the expiration or tergpina Development Period the ACC, in accordance with the below: installation location of the Solar Energy Device; and (ii) a Device, including the dimensions, manufacturer, g é OK J (the “Solar Application”). A Solar Application ey> ittet an Owner. The Solar 9 the é} e 6 of the Covenant.
Frisco Springs Reviewer will approve a with Section 3.8.3 below UNLESS the that placement of the Solar EnergyT Development by causing sensibilities. The Frisco Spri be installewi (i) The Solar Energy Device must be located on the roof of the residence located on the Owner’s Lot, entirely within a fenced area of the Owner’s Lot, or entirely within a fenced patio located on the Owner's Lot. If the Solar Energy Device is located on the roof of the residence, the Frisco Springs Reviewer may designate the location for placement unless the location proposed 16 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten percent (10%) percent above the energy production of the Solar Energy Device if
mined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten percent (10%) percent above the energy production of the Solar Energy Device if installed in the location designated by the Frisco Springs Reviewer. If the Owner desires to contest the alternate location proposed by the Frisco Springs Reviewer, the Owner should submit information to kits Frisco Springs the Solar Energy Device is located in the fenced area of the Owner’ no portion of the Solar Energy Device may extend above the fenceski (ii) If the Solar Energy Device is mount residence located on the Owner’s Lot, then: (a) extend higher than or beyond the roofline; (b) the Harvesting System, the Owner must p information: (i) the proposed installatio description of the Rainwater Harves Me decision of the Frisco Springs Reviewer will be 8&6 OF the Covenant. Any proposal to install a Rainwater hed by the Association or property owned in common by Se approved in advance and in writing by the Board, and the ection when considering any such request.
the following?
(i) The Rainwater Harvesting System will be consistent with the color scheme of the residence constructed on the Owner’s Lot, as reasonably determined by the Frisco Springs Reviewer.
FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 (ii) The Rainwater Harvesting System does not include any language or other content that is not typically displayed on such a device.
(iii) |The Rainwater Harvesting System is in no event located between the front of the residence constructed on the Owner's Lot and any adjoining or adjacent street.
(iv) There is sufficient area on the Owner’s Lot to instaf Common Area, or another Owner's Lot, the Frisco Springs R
the residence constructed on the Owner's Lot and any adjoining or adjacent street.
(iv) There is sufficient area on the Owner’s Lot to instaf Common Area, or another Owner's Lot, the Frisco Springs R type, shielding of, and materials used in the construction of the should describe methods proposed by the Owner to shield from the view of any street, Common Area, Special Co the economic installation of the Rainwate Frisco Springs Reviewer.
obtain the approval of the Frisco Springs Reviewer for t provide the Frisco Springs Reviewer with the following d site location of the Xeriscaping on the Owner’s Lot; (ii) a Application may"only be submitted by an Owner unless the Owner’s tenant provides written confirmation at the time of submission that the Owner consents to the Xeriscaping Application.
The Frisco Springs Reviewer is not responsible for: (i) errors or omissions in the Xeriscaping Application submitted to the Frisco Springs Reviewer for approval; (ii) supervising installation or construction to confirm compliance with an approved Xeriscaping Application or (iii) the compliance of an approved application with Applicable Law.
18 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 3.10.2. Approval Conditions. Unless otherwise approved in advance and in writing by the Frisco Springs Reviewer each Xeriscaping Application and all Xeriscaping to be installed in accordance therewith must comply with the following: (i) The Xeriscaping must be aesthetically compatible with other landscaping in the community as reasonably determined by the Frisco Springs Reviewer. For purposes of this Section 3.10. 2 i), “aesthetically cop patible” will the use of specific turf or plant materials would deterioration of the turf or landscaping of an adjé
Frisco Springs Reviewer. For purposes of this Section 3.10. 2 i), “aesthetically cop patible” will the use of specific turf or plant materials would deterioration of the turf or landscaping of an adjé in a reduction of aesthetic appeal of the adjacent pro aes and insects that are ighboring Lots, as reasonably 3.10.3 Process. The deci§ a reasonable time, or x within the time i ™m common by members of the Association must be g by the Board, and the Board need not adhere to the Springs Reviewer installation of the Xeriscaping must: (i) strictly aping Application; (ii) commence within thirty (30) days of approval; be installed “trr-Accordance with the approved Xeriscaping Application, the Frisco Springs Reviewer may require the Owner to: (i) modify the Xeriscaping Application to accurately reflect the Xeriscaping installed on the property; or (ii) remove the Xeriscaping and reinstall the Xeriscaping in accordance with the approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the approved Xeriscaping Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of the Covenant and may 19 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 subject the Owner to fines and penalties. Any requirement imposed by the Frisco Springs Reviewer to resubmit a Xeriscaping Application or remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application will be at the Owner’s sole cost and expense.
ARTICLE 4 DEVELOPMENT may subject all or any portion of the Property to the terms, covenants, cong and obligations of this Development Area Declaration. This Develgp apply to and Eurden a pertion or es of the nropenty €
NT may subject all or any portion of the Property to the terms, covenants, cong and obligations of this Development Area Declaration. This Develgp apply to and Eurden a pertion or es of the nropenty € To add land to the Development Area, Declarant will be Applicability filed pursuant to Section 9.5 of the yPrant include the recordation i (ii) A statem& Development Area for pt all of the terms, cgwers arty portion of the Development Area. Upon any such Area Declaration and the covenants, conditions, restrictions and (i) A reference to this Development Area Declaration, which will include the recordation information thereof; (ii) A statement that the provisions of this Development Area Declaration will no longer apply to the withdrawn land; and (iii) A legal description of the withdrawn land.
20 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 4.3 Assignment of Declarant’s Rights. Notwithstanding any provision in this Development Area Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Development Area Declaration to any person or entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by any other person or entity in any of its privileges, exemptions, rights, and duties hereunder.
ARTICLE 5 GENERAL PROVISIONS | for successive periods gtion, or change of term -seven percent (67%) of of ten (10) years unless a change (the word “ or renewal term) is approved by Members e called for such purpose, written notice ivéy t@ all Members at least thirty (30) days in advance and will set forth the J the Declarant, acting alone; or (ii) by the president and secretary of the
s e called for such purpose, written notice ivéy t@ all Members at least thirty (30) days in advance and will set forth the J the Declarant, acting alone; or (ii) by the president and secretary of the Association setting forth the amendment and certifying that such amendment has been approved by Declarant (until expiration or termination of the Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the total number of votes of the Association. The foregoing sentence will in no way be interpreted to mean sixty-seven percent (67%) of a quorum as established pursuant to the Bylaws. The Representative System of Voting is not applicable to an amendment as contemplated in this Section 5.2, it being understood and acknowlede 21 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 agreed that any such amendment must be approved by a vote of the Members, with each Member casting their vote individually. No amendment will be effective without the written consent of Declarant during the Development Period.
5.3 Interpretation. The provisions of this Development Area Declaration will be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of the Development Area, provided, however, that the provi Development Area Declaration will not be held to impose any restriction, condi 5.4 Gender. Whenever the context so requires, all will be deemed to include the female or neuter gender, all sin plural, and all plural words will include the singular.
55 Enforcement and Nonwaiver. Except as o of Lot, at such Owner's own expense, Declara enforce all of the provisions of this Developmgft* waiver of the right Documents.
ords will include the singular.
55 Enforcement and Nonwaiver. Except as o of Lot, at such Owner's own expense, Declara enforce all of the provisions of this Developmgft* waiver of the right Documents.
intended solétyfér convenience of reference and will not enlarge, limit, or otherwise affect that which is set forth in any of the paragraphs, sections, or articles hereof.
5.8 Conflicts. If there is any conflict between the provisions of the Covenant, the Certificate, the Bylaws, or any Rules adopted pursuant to the terms of such documents, or any Development Area Declaration, the provisions of the Covenant will govern.
22 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 5.9 Higher Authority. The terms and provisions of this Development Area Declaration are subordinate to Applicable Law. Generally, the terms and provisions of this Development Area Declaration are enforceable to the extent they do not violate or conflict with Applicable Law.
5.10 Acceptance by Owners. Each Owner of a Lot, Condominium Unit, or other real property interest in the Development Area, by the acceptance of a deed of conveyance, and each Declarant hereunder will have any liability for any act or omissi reserved or declared. Furthermore, each Owner agrees that prior to the effective date of any such succession or assignment. € f Development Area Declaration were recited and conveyance.
and will inure to the benefit of each Owner in . ma [SIGNAT O 23 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 EXECUTED to be effective the date this instrument is Recorded.
DECLARANT: GRBK FRISCO, Lie, THE STATE OF TEXAS § § COUNTY OF | ‘llin g This instrument was acknowled (SEAL) Filed and Recorded Official Public Records Collin County, TEXAS
his instrument is Recorded.
DECLARANT: GRBK FRISCO, Lie, THE STATE OF TEXAS § § COUNTY OF | ‘llin g This instrument was acknowled (SEAL) Filed and Recorded Official Public Records Collin County, TEXAS 02/07/2018 08:27:45 AM $130.00 RDOLLINS 20180207000154200 Pilon 24 FRISCO SPRINGS DEVELOPMENT AREA DECLARATION [RESIDENTIAL] 4844-7705-1724v.1 53460-8 Stacey Kemp, County Clerk